—] w IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT, IN AND FOR DUVAL COUNTY, FLORIDA CASE NO.: 99- CA ‘STATE OF FLORIDA, DIVISION: cs 99-N1635 CA Petitioner, vs. DONALD SMITH, Respondent, PETITION TO HAVE RESPONDENT DECLARED A SEXUALLY VIOLENT PREDATOR COMES NOW, Harry Shorstein, State Attorney of the Fourth Judicial Circuit of Florida, by and through the undersigned Assistant State Attomey, and petitions this Honorable Court to find that DONALD SMITH, Respondent, is a sexually violent predator pursuant to Sections 916.31-916.49, Florida Statutes. As grounds in support thereof, Petitioner states the following: 1. espondent has previously been conviéted of a sexually violent offense as defined by Section 916.32, Florida Statutes, to wit: On February 28, 1996, defendant was convicted of Attempted Kidnapping with the intent to commit a Lewd and Lascivious Assault and Showing Obscene Materials to Minors, in Duval County, Florida, Case Number: 92-11193-CF. 2. This Court has subject matter and personal jurisdiction over this matter pursuant to Section 916.34, Florida Statutes, because Respondent is over eighteen years old, he has committed a sexually violent offense, and he was in Department of Corrections custody on January 1, 1999. 3. Because Respondent was convicted in Duval County, Florida, Duval County is the proper venue {or this action, pursuant to Section 916,34, Florida Statutes. ee 5 On November 21, 1977, defendant entered a plea of guity to a Lewd and Laschvious Act in the Presence of a Minor in Duval County, Florida, Case Number: 77-3161-CF. This was the result of the Respondent turing two girs, ages eight and five, over to his car and masturbating in front of them. As a result, the Respondent qualified for an examination under the Mentally Disordered Sex Offender Act, Florida Statutes Section 917.19.C Cc 8 On September 18, 1979, defendant was placed on ten years probation to serve one year in the Duval County Jail. He later violated that probation and received five years in prison. 9. The facts which then led to the February 29, 1996, convictions were as follows: The Respondent tried to lure a white female, aged 13, into his van. She fled and he chased her to a park where she hid until he left. Later that day, he approached two other white females, ages 13 and 14, and showed them pornography and tried to lure them into his van. The victims fled. 10. The Respondent is scheduled to be released from the custody of the Department of Corrections on March 15, 1999. 11, In March, 1999, the Department of Children and Families’ Mult-disciplinary Team evaluated the Respondent's case files from the Department of Corrections, documents provided by law enforcement sources, and information from the files of the State Attorney's Office. After this initial review, the Team forwarded the Respondent's case files to Patrick E. Cook, Ph.D. and Carolyn Stimel, Ph.D. Both Drs. Cook and Stimel are Psychologists licensed to practice in Florida. Drs. Cook and Stimel serve as part of the Team. 12 After Drs. Cook and Stimel reviewed Respondent's files, they recommended that a clinical evaluation of Respondent be performed. Ted Shaw, Ph.D, a licensed psychologist, also a member of the Team, then evaluated Respondent in March, 1999. A second evaluation was conducted by Jeffrey Benoit, Ph.D, a licensed psychologist, also a member of the Team in March, 1999. 14. AS indicated in his letter, Dr. Benoit will provide a full report of his findings as soon as they are transcribed. 15. __Dr. Ted Shaw also personally evaluated the Respondent on March 11, 1999. In rendering an opinion, Dr. Shaw had available Department of Corrections records which included information about the Respondent's criminal record, behavior while incarcerated, family, education, mental and physical status, substance use and treatment and discharge plans. 17. Furthermore, Or. Shaw concluded that the Respondent met the criteria for the definition of a sexually violent predator and that in accordance with Florida Statute 916, the defendant should not be released and should be civily committed.w ~~ WHEREFORE, Petitioner respectfully requests that this Honorable Court find that Respondent DAVID'SMITH Is a sexually violent predator and commit him to the custody of the Department of Children and Familes for long term control, care and treatment. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a copy of the foregoing motion has been furnished by to ‘this_— day of March, 1999. HARRY L. SHORSTEIN STATE ATTORNEY By: ‘Laura Havey Baer Bar Number 0650640 Assistant State Attorney LHBIit